Does NJ Have Indoor Dining? What Precautions or Policies Must Bars and Restaurants Follow?

Updated February 2021: Does NJ have indoor dining? This is currently one of the most common questions we receive at mybergen.com. Apparently a lot of people are understandably unsure of what our restaurant dining options are in New Jersey and what steps restaurants and bars are taking to ensure the safety of their customers and employees during the COVID-19 pandemic.

Indoor dining is permitted in the state of New Jersey. In fact, all of New Jersey’s food or beverage establishments may open, including restaurants, bars, cafeterias, and food courts, as well as all holders of a liquor license with retail consumption privileges. However, all establishments must follow appropriate requirements detailed in the Department of Health’s Protocols for Outdoor Dining, Executive Order No. 157, Executive Order No. 183, the Department of Health’s Health and Safety Standards for Indoor Dining, Executive Order No. 192, and Executive Order No. 194, which are summarized below:

Masks Are Required at NJ Restaurants and Bars

No surprise here. Under Executive Order No. 192, all employees, customers, and visitors must wear a face covering while on the premises, except when an individual is under two years of age or where it is impractical like when eating, drinking, or receiving a service that cannot be completed while wearing a mask.

Employees, customers, and visitors who refuse to wear a face covering may be declined entry, except when doing so would violate state or federal law and provided the employer complies with the Americans with Disabilities Act and the New Jersey Law Against Discrimination where applicable.

Employers may permit employees to remove their face covering when they are at their workstation at least six feet from others or alone in a walled space such as an office, or if it would create an unsafe condition in which to operate equipment or execute a task (i.e. cooks that work near open flames). Employers must provide face coverings to their employees.

Dining at New Jersey’s Indoor Restaurants and Bars: What You Can Expect

• Limit the number of patrons in indoor areas to 35 percent of the food or beverage establishment’s indoor capacity, excluding the food or beverage establishment’s employees;
• Limit seating to a maximum of eight customers per table (unless they are from a family from the same household) and arrange seating to achieve a minimum distance of six feet between parties – tables may be placed closer than six feet if they are separated by dividing barriers;
• Require customers to only consume food or beverages while seated;
• Require patrons to wear face coverings while inside the indoor premises of the food or beverage establishment, except when eating or drinking at their table;
• For food or beverage establishments with table service, require that customers be seated in order to place orders;
• For food or beverage establishments with table service, require that wait staff bring food or beverages to seated customers; and
• Keep doors and windows open where possible and utilize fans to improve ventilation.
• Per Executive Order No. 183, smoking, including vaping, is permitted indoors only when otherwise permitted by state law.
• Barside seating will be prohibited at all hours.

Dining at New Jersey’s Outdoor Restaurants and Bars: What You Can Expect

• Limit seating to a maximum of eight customers per table – unless from an immediate family or the same household – and arrange seating to achieve a minimum distance of six feet between parties;
• Encourage reservations for greater control of customer traffic;
• Cordon off any indoor or outdoor dance floors to the public;
• Require customers to provide a phone number if making a reservation to facilitate contact tracing;
• Consider alternatives to paper/physical menus (whiteboards, electronic menus);
• Provide a hand sanitizer station for customers; and
• Require customers who wish to enter the indoor portion of the establishment to wear a face covering, unless the customer has a medical reason for not doing so or is a child under two years of age;
• Require that groups stay six feet apart, even in areas where groups are not assigned seating;
• Adhere to all other health and safety protocols in DOH Executive Directive No. 20-019.

Individual, fully enclosed dining bubbles – limited to one group of diners each – may be set-up for outside use, subject to health and safety protocols outlined in EO 194, DOH ED 20-019, and DCA’s guidance for the use of outdoor space during the winter months.

Establishments that want to maintain the use of tents are required to apply for a Uniform Construction Code (UCC) permit from their local construction office. Additionally, a permit for any electrical equipment, electrical wiring, or mechanical equipment that would otherwise require a permit must also be filed.

Operational items such as portable cooking equipment, propane heaters, and similar items used around and/or under the tent should be maintained in accordance with the Uniform Fire Code and addressed by the local fire official.

For more information, refer to DCA’s guidance for outdoor space during winter months or call DCA’s Code Assistance Unit at 609-984-7609.

Requirements for Employers at New Jersey’s Restaurants and Bars

• Require workers and customers to maintain at least six feet of distance from one another, to the maximum extent possible;
• Provide approved sanitization materials for employees and visitors at no cost to those individuals;
• Ensure that employees practice hand hygiene and provide employees with sufficient break time for that purpose;
• Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines;
• Prior to each shift, conduct daily health checks, such as temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance;
• Do not allow sick employees to enter workplace and follow requirements of applicable leave laws;
• Promptly notify employees of any known exposure to COVID-19 at the worksite; and
• Clean and disinfect the worksite in accordance with CDC guidelines when an employee at the site has been diagnosed with COVID-19 illness.

The statewide requirement that all bars and restaurants end indoor service as of 10:00 pm has been lifted. However, municipalities or counties may continue to regulate the hours of operation of in-person restaurant service after 8:00 pm.

Full dining guidance for food and beverage establishments can be found in Executive Order No. 157, DOH Executive Directive No. 20-019, Executive Order No. 183, the Department of Health’s Health and Safety Standards for Indoor Dining, Executive Order No. 192, and Executive Order No. 194.

Additionally, a special ruling by the New Jersey Division of Alcoholic Beverage Control (ABC) permits establishments with liquor licenses to expand their licensed premises into outdoor areas. Legislation extends the effective period of issued permits through the later of November 30, 2022 or the date at which indoor dining returns to full capacity at restaurants. It also expands other opportunities for outdoor dining. To learn more, refer to this press release on the legislation’s signing or ABC’s COVID-19 update page.

CDC’s Guiding Principles and Risks to Consider for Restaurant Safety in U.S. During COVID-19 Pandemic

The more an individual interacts with others, and the longer that interaction, the higher the risk of COVID-19 spread. Masks may reduce the risk of COVID-19 spread when they are consistently used by customers and employees, especially when social distancing measures are difficult to maintain. The risk of COVID-19 spread increases in a restaurant or bar setting as interactions within 6 feet of others increase, as described below. Masks may reduce the risk of COVID-19 spread when worn in any of these risk scenarios.

Lowest Risk: Food service limited to drive-through, delivery, take-out, and curb-side pick up.
More Risk: Drive-through, delivery, take-out, and curb-side pick up emphasized. On-site dining limited to outdoor seating. Seating capacity reduced to allow tables to be spaced at least six feet apart.
Higher Risk: On-site dining with indoor seating capacity reduced to allow tables to be spaced at least 6 feet apart. And/or on-site dining with outdoor seating, but tables not spaced at least six feet apart.
Highest Risk: On-site dining with indoor seating. Seating capacity not reduced and tables not spaced at least 6 feet apart.

National Restaurant Association’s Committment to Restaurant Safety: COVID-19 Operating Guidelines

The National Restaurant Association and leaders from ServSafe’s food safety training program continue to collaborate with safety experts from government organizations, academia, the public health sector, and corporations to bring operators the most up-to-date guidelines to ensure safe on- and off-premises dining. This guidance is an essential element to the ServSafe Dining Commitment, the Association’s voluntary program through which restaurateurs can promote their commitment to safe food and service practices, including those that mitigate the risk of coronavirus transmission. View National Restaurant Association COVID-19 Operating Guidelines.

This post was updated in February 2021.

Bergen County Daily Events, Outdoor Activities, Things to Do This Weekend!